2 Colo. Code Regs. § 402-1-10

Current through Register Vol. 48, No. 1, January 10, 2025

Rule 2 CCR 402-1-10 - Construction, Modification, Alteration, Repair, and Breach of Non-Jurisdictional Size Dams

10.1Notice of Construction. Any person intending to construct a non-jurisdictional size dam other than a Livestock Water Tank or Erosion Control Dam, shall submit notice of the intent to construct the dam on forms provided by the State Engineer not less than forty-five (45) days prior to the proposed construction. The State Engineer shall determine the potential hazard for loss of life or significant damage due to failure of the structure, and if the submittal and approval of plans and specifications is required prior to construction. The forms shall be submitted to the Division Engineer of the Water Division in which the dam is to be located. The Division Engineer shall respond to the Owner within forty-five (45) days after receipt of the complete notice of intent to construct form. All Owners shall be required to comply with the applicable dam safety and water administration requirements.

10.2Modification or Alteration of Non-Jurisdictional Size Dams. Jurisdictional size dams proposed to be modified or altered to non-jurisdictional size shall comply with the following requirements:

10.2.1 For High or Significant Hazard dams, the Owner shall submit plans for approval in accordance with Rule 6. As-constructed documents are required in conformance with Rule 8.3.1.

10.2.2 For Low Hazard or NPH dams, the Owner shall submit written notice of the intent to alter the dam to the State Engineer. The Owner shall submit written notice of the completion of the project.

10.3Repair or Breaching of Non-Jurisdictional Dams. Repair or breaching of existing non-jurisdictional size dams shall meet the following requirements:

10.3.1 In cases where a non-jurisdictional dam has been found unsafe, the Owner shall submit written notice to the State Engineer to repair, modify, breach or entirely remove the dam prior to construction.

10.3.2 Removal or breaching of a non-jurisdictional dam shall comply with Rule 9.

10.3.3 Modifications to, or repair of, High or Significant Hazard non-jurisdictional size dams shall be performed in accordance with Rule 6.

10.4Spillway Requirements. Spillway sizing requirements shall meet the criteria for the appropriate hydrologic hazard category.

10.5Enlargement of Non-Jurisdictional Size Dams. The modification of a non-jurisdictional size dam to a jurisdictional size dam shall meet the requirements of Rule 6.

2 CCR 402-1-10

42 CR 23, December 10, 2019, effective 1/1/2020